OAR 291-171-0040: Sexual Misconduct Grievances

(1) For purposes of this rule, sexual misconduct is defined as an employee, contractor, or volunteer of the Department of Corrections engaging in sexual intercourse or deviate sexual intercourse with another person or penetrates the vagina, anus, or penis of another person with any object other than the penis or mouth of the actor knowing that the other person is: (a) Participating in a work crew or work release program; or (b) On probation, parole, post-prison supervision or other form of conditional or supervised release. (2) Grievances alleging sexual misconduct must be submitted to the grievance coordinator on the Offender Grievance form (CD117 CC). The grievance should have the words “sexual misconduct grievance” clearly written on the top of the grievance form. (3) There is no time limit on when an offender may submit a grievance regarding an allegation of sexual misconduct. (4) Third parties, including staff members, family members, attorneys, and outside advocates, shall be permitted to assist offenders in filing requests for administrative remedies relating to allegations of sexual misconduct, and shall also be permitted to file such requests on behalf of offenders. (a) If a third party files such a request on behalf of an offender, the department may require as a condition of processing the request that the alleged victim agree to have the request filed on his or her behalf, and may also require the alleged victim to personally pursue any subsequent steps in the administrative remedy process. (b) If the offender declines to have the request processed on his or her behalf, the department shall document the offender’s decision. (5) The grievance coordinator may not refer a grievance alleging sexual misconduct to a staff member who is the subject of the grievance. The grievance coordinator will coordinate with the appropriate manager by sending the grievance and a grievance response form (CD 117b CC) to the manager respondent for reply. (6) An offender may appeal the initial grievance response using the Grievance Appeal form (CD 117c CC). The appeal must be submitted to the grievance coordinator together with the original grievance, attachments and manager’s response. (7) The department shall issue a final decision on the merits of any portion of a grievance alleging sexual misconduct within 90 days of the initial filing of the grievance. (a) Computation of the 90-day time period shall not include time consumed by offenders in preparing any administrative appeal. (b) The department may claim an extension of time to respond, of up to 70 days, if the normal time period for response is insufficient to make an appropriate decision. The department shall notify the offender in writing of any such extension and provide a date by which a decision will be made. (c) At any level of the administrative process, including the final level, if the offender does not receive a response within the time allotted for reply, including any properly noticed extension, the offender may consider the absence of a response to be a denial of the allegations made by the offender at that level.